Clifford Chance
The practical implications of the CFA's decision in Democratic Republic of Congo v. FG Hemisphere Associates LLC (Chinese)
24 June 2011
In March 2010 we reported on the Hong Kong's Court of Appeal (CA)'s decision in the FG Hemisphere case in which the CA, by a majority decision (2:1), held that the restrictive approach of state immunity continued to apply in Hong Kong after the handover of Hong Kong to the PRC on 1 July 1997.
The Court of Appeal's decision was provisionally overturned by a majority of the Hong Kong Court of Final Appeal in a judgment handed down on 8 June 2011. The CFA's judgment, has generated much debate in the political, academic and commercial worlds. This briefing discusses the practical implications of the CFA judgment.
